MOHAMMED NAIM Vs. SHAIKH SHAZIYA FARHEEN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner. Heard the learned counsel for the respondent no.1.

(2.) Rule. By consent, Rule made returnable forthwith. The Respondents waive service. By consent heard finally.

(3.) The petitioner is husband of the respondent no.1. He had been paying maintenance to the respondent no.1 and to the minor child of the petitioner and the respondent no.1, in accordance with the orders passed by the Magistrate under the provisions of section 125 of the Code of Criminal Procedure (hereinafter referred to as "the Code"). This maintenance amount had been fixed as Rs. 1,500/ per month, in case of respondent no.1 herein i.e. wife. It is not in dispute that after the order of maintenance was passed i.e. after 09.06.2010, the respondent no.1 started working as a teacher in a school. The petitioner, therefore, filed an application under section 127 of the Code praying for cancellation of the maintenance awarded to the respondent no.1. This application was rejected by the learned Principal Judge of the Family Court.